The purpose of the Critical Area Overlay Zone is to establish special
regulatory protection for the land and water resources located within
the Chesapeake Bay Critical Area in Charles County. Land use development
standards and requirements established herein are intended to foster
more sensitive development activity for shoreline areas and to minimize
the adverse impacts of development activities on water quality and
natural habitats. This chapter implements the Charles County Critical
Area Program and the requirements of the Maryland Critical Area Law
and the critical area criteria and is adopted pursuant to the Natural
Resources Article, Title 8, Subtitle 18, of the Annotated Code of
Maryland, and COMAR 27.01 through 27.03, the Critical Area Criteria.

The requirements of Article IX supplement the County's land development codes, including existing zoning and subdivision provisions. They impose specific regulations for the development and other land use within the Charles County Critical Area. In the event of inconsistency between the provisions of Article IX and the provisions established in other applicable ordinances, the more restrictive or stringent provisions shall apply.

The Charles
County Chesapeake Bay Critical Area Program consists of the requirements
contained in this chapter, other applicable requirements set forth
in the Zoning Ordinance, the official Critical Area Zone Maps, the
Charles County Comprehensive Plan, Charles County Subdivision Regulations[1] and all other applicable County regulations.

No person shall develop, alter or use any land for residential, commercial,
industrial or institutional uses; nor conduct agricultural, fishery
or forestry activities in the Charles County Critical Area, except
in compliance with the applicable provisions contained herein.

Article IX shall only apply to the Charles County Critical Area, hereafter referred to as the "Critical Area Zone." The Critical Area Zone shall include all lands and waters within 1,000 feet beyond the landward boundaries of state or private wetlands and the heads of tides designated under Title 16 of the Natural Resources Article, Annotated Code of Maryland.

Development in accordance with the Swan Point General Development
Plan shall be reviewed in accordance with the growth allocation indenture
and Docket 250 indenture, which shall supersede any contrary language
in this article.

Unless otherwise specifically provided, the words and phrases
defined shall have the meaning indicated when used in this article,
and when used in the Charles County Critical Area Program. The following
definitions are intended to be consistent with the State Critical
Area Criteria in COMAR 27.01.01.01 and § 8-1802 of the Natural
Resources Article, Annotated Code of Maryland.

The act of putting an end to a land alteration, development
activity, or other action cited as a violation under this chapter.
Abatement includes the act of reducing the degree or intensity of
the alteration, activity or action.

All methods of production and management of livestock, crops,
vegetation, and soil. This includes, but is not limited to, the related
activities of tillage, fertilization, pest control, harvesting, and
marketing. It also includes, but is not limited to, the activities
of feeding, housing and maintaining of animals such as cattle, dairy
cows, sheep, goats, hogs, horses, and poultry and handling their by-products.

A naturally vegetated area or area established in native
vegetation which is managed to protect aquatic, wetland shoreline
and terrestrial environments from man-made disturbances. In the Critical
Area Zone, the Buffer is a continuous area located immediately landward
of tidal waters (measured from the mean high-water line), tributary
streams in the Critical Area and tidal wetlands and has a minimum
width of 100 feet, even if that area was previously disturbed by human
activity. The Buffer shall be expanded beyond the minimum depth to
include certain sensitive contiguous areas as per requirements established
in this chapter. The buffer shall be delineated on a site-by-site
basis as a part of the environmental review and site analysis process.

An officially mapped area, approved by the Critical Area
Commission, where it has been sufficiently demonstrated that the pattern
of residential, industrial, commercial, institutional or recreational
development existing as of December 1, 1985, prevents the buffer from
fulfilling its intended functions for water quality protection and
wildlife habitat conservation.

A narrative, graphic description, or plan of the buffer that is necessary when an applicant proposes a development activity that will affect a portion of the buffer, alter buffer vegetation, or require the establishment of a portion of the buffer in vegetation. A buffer management plan may be major, minor or simplified, as described in § 297-131.

Herons, egrets, terns and glossy ibis. For the purposes of
nesting, these birds congregate (that is, "colonize") in relatively
few areas, at which time the regional populations of these species
are highly susceptible to local disturbances.

Boat docking facilities associated with subdivisions and
similar residential areas and with condominium, apartment and other
multiple-family dwelling units. Private piers and moorings are excluded
from this definition.

A combination of any legal parcels of land or recorded, legally
buildable lots into fewer parcels or lots. Consolidation includes
any term used by a local jurisdiction for a development application
that proposes to combine legal parcels of land or recorded, legally
buildable lots into fewer parcels or lots than the number that existed
before the application, such as a subdivision, lot line abandonment,
boundary line adjustment, replatting request, or lot line adjustment.

All waters of and lands under the Chesapeake Bay and its tributaries
to the head of tide as indicated on the state wetlands maps and all
state and private wetlands designated under Title 16 of the Natural
Resources Article, Annotated Code of Maryland;

All land and water areas within 1,000 feet beyond the landward
boundaries of state or private wetlands and the heads of tides designated
under Title 16 of the Natural Resources Article, Annotated Code of
Maryland; and

Modification to these areas through inclusions or exclusions
proposed by Charles County and approved by the Chesapeake Bay Critical
Area Commission as specified in § 8-1807 of the Natural
Resources Article, Annotated Code of Maryland.

Any activity that materially affects the condition or use
of dry land, land under water, or any structure. Development activities
include: Any construction, modification, extension or expansion of
buildings or structures; placement of fill or dumping; storage of
materials; land excavation; land clearing; land improvement; or any
combination thereof, including the subdivision of land or action that
results in construction, modification, extension or expansion of buildings
or structures; placement of fill or dumping; storage of materials;
land excavation; land clearing; land improvement; or any combination
thereof, including the subdivision of land.

The portion of a parcel or tract of land required for development
activities in connection with a growth allocation application or growth
allocation approval. The envelope shall include all individually owned
lots, required buffers, impervious surfaces, roads, utilities and
their easements, stormwater management facilities, on-site sewage
disposal facilities, any areas subject to human use on a regular basis,
such as active recreation areas, and any additional acreage needed
to meet development requirements.

Minor watercourses that are defined either by soil type,
the presence of intermittent or perennial streams or topography that
indicates a swale where surface sheet flows join, including: the land,
except where areas are designated as floodplain, on either side of
and within 50 feet of the center line of any intermittent or perennial
stream shown on the United States Geological Service's seven-and-one-half-minute
quadrangle sheets covering the unincorporated areas of Charles County.

A single unit, being an enclosed structure, containing complete,
independent living facilities designed for and held ready for at least
one person, including permanent provisions for sanitation, cooking,
eating, sleeping, and other activities routinely associated with daily
life. Dwelling unit includes accessory apartment or guesthouse.

A comprehensive report that describes the natural features
and characteristics of a proposed development site, the changes that
will occur as the result of proposed development activities on the
site, the anticipated environmental impacts and consequences of the
proposed development and mitigation measures to be taken to minimize
undesirable impacts to the environment.

Species of birds which require relatively large forested
tracts in order to breed successfully. Examples of forest interior
dwelling birds include, but are not limited to, various species of
flycatchers, warblers, vireos and woodpeckers.

Either an area of land calculated as 5% of the total resource
conservation area (excluding tidal wetlands and federally owned land),
that the County may convert to more intense management areas to accommodate
land development; or an act of the County Commissioners, i.e., approving
the "growth allocation," which provides for conversion of a property
or properties located in a Resource Conservation Zone (RCZ) and/or
the Limited Development Zone (LDZ) in the Critical Area to another
land management classification which allows an increase in the permitted
density.

Land containing specialized plant or wildlife habitat, where
protection is essential to the preservation of biological species
and water quality. Habitat protection areas in Charles County include
the one-hundred-foot Critical Area Buffer, expansions of the Critical
Area Buffer, threatened and endangered species habitat, nontidal wetlands,
natural heritage areas, colonial water bird nesting areas, historic
waterfowl staging areas, forest areas with forest interior dwelling
birds, and anadromous fish propagation waters.

A plan for the protection of specialized plant or wildlife
habitat, as those terms are defined in 27.01.09.04 of the Code of
Maryland Regulations (COMAR), as a requirement of the development
review process.

A tree with a structural defect, such as a crack, canker, weak
branch union, decay, dead wood, root damage, or root disease, that
decreases the structural integrity of the tree and which, because
of its location, is likely to fall and cause personal injury or property
damage, including acceleration of soil erosion; or

This term does not include a tree for which the likelihood of
personal injury, property damage, or soil erosion can reasonably be
eliminated or significantly diminished with routine and proper arboricultural
practices, such as regular watering, application of fertilizer or
mulch, and pruning; or by relocation of property that is likely to
be damaged.

An area of open water and adjacent marshes where waterfowl
gather during migration and throughout the winter season. These areas
are historic in the sense that their location is common knowledge
and because these areas have been used regularly during recent times.

A mapped area of at least 20 acres where residential, commercial,
institutional, or industrial developed land uses predominate and a
relatively small amount of natural habitat occurs. The Intense Development
Zone includes:

A mapped area that is developed in low- or moderate-intensity
uses and contains areas of natural plant and animal habitat and where
the quality of runoff has not been substantially altered or impaired.
The Limited Development Zone includes an area:

The percentage of a total lot or parcel that is occupied
by a structure, accessory structure, parking area, driveway, walkway,
or roadway or is covered with gravel, stone, shell, impermeable decking,
a paver, permeable pavement, or any man-made material. Lot coverage
includes the total ground area covered or occupied by a stairway or
impermeable deck. Lot coverage does not include:

An infraction which has severe adverse affect and/or threatens
the environment, or has significant adverse effect on the health,
safety or general welfare of the neighborhood, community or the public
at large. A major infraction includes, but is not limited to:

An infraction which does not have noticeable or significant
adverse effect on the environment or on the peaceful use, enjoyment
or value of another's property. A minor infraction includes,
but is not limited to:

Construction of a structure (pier, deck, boat lift, pilings,
etc.) over tidal waters or wetlands with the authorization of the
Maryland Department of the Environment but without the approval of
the Charles County Department of Planning and Growth Management.

An infraction which has noticeable or significant adverse
effect on the environment or on the peaceful use, enjoyment or value
of another's property, but does not have significant adverse
effect on the health, safety or general welfare of the neighborhood,
community or the public at large. A moderate infraction includes,
but is not limited to:

Construction of a structure (pier, deck, boat lift, pilings,
etc.) over tidal waters or wetlands without the authorization of the
Maryland Department of the Environment and the Charles County Department
of Planning and Growth Management;

An act of the County Commissioners, approved by the Critical
Area Commission, that permits an area of the County to fall under
modifications of the Buffer provisions of the critical area zones
under certain conditions.

Components and processes present in or produced by nature,
including but not limited to soil types, geology, slopes, vegetation,
surface water, drainage patterns, aquifers, recharge areas, climate,
floodplains, aquatic life and wildlife.

Undeveloped land used primarily for resource protection or
recreational purposes. Land and water areas retained for use as active
or passive recreation areas in an essentially underdeveloped state
or land areas retained in natural cover, agricultural or commercial
forestry use.

Any change or proposed change to the Charles County Critical
Area Program that the Chairman of the Critical Area Commission determines
will result in a use of land or water in the Chesapeake Bay Critical
Area in a manner consistent with the Charles County Critical Area
Program, or that will not significantly affect the use of land or
water in the critical area. Program refinement may include:

A minor change to an element of the Charles County Critical
Area Program that is clearly consistent with the provisions of state
critical area law and all the criteria of the Commission as set forth
in § 8-1802 of the Natural Resources Article of the Annotated
Code of Maryland.

A change of the arrangement of the existing lot or parcel
lines of any legal parcel of land or recorded, legally buildable lots.
Reconfiguration includes any term used for a development application
that proposes to change the arrangement of the existing lot or parcel
lines of any legal parcel of land or recorded, legally buildable lot
that existed before the application, such as a subdivision, lot line
adjustment, or boundary line adjustment, replatting request, or a
revision of acreage to increase density.

The establishment of stable shoreline through the planting of an existing shore, landward of the line of mean high water, with a wide band of native upland plant cover appropriate to specific site conditions.

Facing, composed of riprap stone, or other similar interlocking components, in the form of an embankment-like structure, loosely placed on a gently (no greater than 2:1) sloping shore to withstand and reduce wave energy and contain shore materials.

Filling alongshore with sandy materials consistent with natural beach materials, grading, and containing the new beach materials through the placement of structures that impede the lateral transport of beach materials, such as groins, jetties or breakwaters. The reasonable channelward length of such structures is a function of reasonable width of desired beach, and effects to navigation.

Retaining wall structure, composed of pressure-treated lumber or other rigid materials, installed along or immediately landward of the line of mean high water, and designed for a functional life of no less than 30 years. New bulkheads are generally acceptable only where warranted specific to unique site conditions.

Land-use plans for farms that show farmers how to make the
best possible use of their soil and water resources while protecting
and conserving those resources for the future. It is a document containing
a map and related plans that indicate:

Those fish and wildlife whose continued existence, as part
of the state's resources, are in question and which may be designated
by the Secretary of Natural Resources as in need of conservation in
accordance with the requirements set forth in §§ 10-2A-06
and 4-2A-03 of the Natural Resources Article of the Annotated Code
of Maryland.

A repair, reconstruction, replacement, or improvement of
a principal structure, with a proposed total footprint that is at
least 50% greater than that of the structure that is the subject of
the application.

Any man-made surface that is resistant to the penetration
of water. Concrete, brick paving, roofs and heavily used gravel roads
and parking areas which are subject to high levels of compaction are
examples of "impervious surfaces."

The breaking of surface soil to extract or remove minerals;
any activity or process constituting all or part of the process for
the extraction or removal of minerals from their original location;
the extraction of sand, gravel, rock, stone, earth, or fill from borrow
pits for highway construction purposes or other public facilities;
any operations engaged in processing of materials at the site of extraction;
removal of overburden and excavation of any material for the purpose
of prospecting and, to the extent necessary, to determine the location,
quantity or quality of a natural deposit; or, any activities thereof,
if the affected land exceeds one acre or more in area.

Construction of a road or other pathway that is necessary for
access to the site of the development or redevelopment activity, if
the road or pathway is removed immediately after completion of the
development or redevelopment activity and the area is restored to
its previous vegetative condition; and

A pathway which may be paved or unpaved and is physically
separated from motorized vehicular traffic by an open space or barrier
and is either within a right-of-way or within an independent tract
or easement. Multi-use trail activities may include walking, hiking,
jogging, horseback riding, bicycling, and roller skating.

Structures or works associated with industrial, maritime,
recreational, educational or fisheries activities which Charles County
has determined require location at or near the shoreline within the
buffer.

Those areas defined by 26.23.01.01 of the Code of Maryland
Regulations that are inundated or saturated by surface water or groundwater
at a frequency and duration sufficient to support, and that under
normal circumstances do support, a prevalence of vegetation typically
adapted for life in saturated soil conditions, commonly known as "hydrophytic
vegetation."

State wetlands that are defined as any land under the navigable
waters of the state below the mean high water line, affected by the
regular rise and fall of tide and private wetlands defined as any
land not considered state wetlands bordering or lying beneath tidal
waters, that is subject to regular or periodic tidal action and supports
aquatic growth. Private wetlands includes wetlands transferred by
the state by a valid grant, lease, patent or grant confirmed by Article
5 of the Declaration of Rights of the Constitution to the extent of
the interest transferred. The term "regular or periodic tidal action"
means the rise and fall of the sea produced by the attraction of the
sun and moon uninfluenced by the wind or any other circumstance.

Official Critical Area Zone maps. The Charles County Critical Area shall be delineated on Official Critical Area Zone Maps, prepared as part of the Charles County Critical Area Program. The Critical Area Zone Maps shall be maintained in force as Official Maps of the County. The Critical Area Zone Maps shall delineate the extent of the Critical Area Zone in Charles County which is as defined in § 297-127B.

All land within the Charles County Critical Area Zone, with
the exception of federal land, shall be assigned to one of the following
zones which correspond to the land use management classification as
determined in the Charles County Critical Area Program which shall
be shown on the Critical Area Zone Maps.

The land use management classification shall be based on the actual land use as of December 1985 and mapped according to rules for making such determination as established in the Charles County Critical Area Program, except as provided in § 297-134, Growth allocation (GA).

A single lot or parcel of land that was legally of record on the date of the adoption of this chapter may be developed with a single-family dwelling, if a dwelling was not already placed there, notwithstanding that such development may be inconsistent with the density provisions of § 297-132A. Except as otherwise provided, the following types of land may be developed in accordance with density requirements in effect prior to the adoption of this chapter:

Any legal parcel of land, not being part of a recorded subdivision,
that was recorded as of December 1, 1985. Development on lots created
after June 1, 1984, and prior to the adoption dates of Charles County
Critical Areas implementation ordinances shall comply with the conditions
imposed under "interim findings" made by the Charles County Planning
Commission;

Land that was subdivided into recorded, legally buildable lots, or where the subdivision received final approval prior to June 1, 1984, provided that the development of these lands conforms with the Charles County Critical Area Program. At a minimum, development on lots created prior to June 1, 1984, shall comply with the provisions of § 297-132, or shall be approved through the variance process by the Board of Appeals and reviewed by the Critical Area Commission. Where the Charles County Health Department requires consolidation or reconfiguration of lots not individually owned, the provisions of this chapter and § 278-19 of the Charles County Subdivision Regulations shall apply to the consolidated or reconfigured lots, insofar as possible;

Land that was subdivided into recorded, legally buildable lots
where the subdivision received final approval after December 1, 1985,
provided that either development of any such land conforms to the
requirements of this chapter or the area of land is counted against
the County's remaining growth allocation; and

Any existing legal building or use of land as of June 7, 1989,
is a legal nonconforming use. Expansion of such existing buildings
or uses may be permitted after a determination has been made that
such expansion complies with the provisions of this chapter, or complies
insofar as possible with the chapter, and is approved through the
variance process by the Board of Appeals and is reviewed by the Critical
Area Commission.

Lot consolidations and lot reconfigurations shall be subject to the standards and requirements outlined in § 278-19 of the Charles County Subdivision Regulations. A proposed lot line adjustment, lot consolidation, or lot reconfiguration must effectively bring those lands into conformance with the Critical Area Program to the extent feasible.

Any new development grandfathered by the provisions listed above
must meet the habitat protection and water-dependent facilities requirements
in the Charles County Critical Area Program and this chapter.

The Critical Area Buffer establishes an area of undisturbed
natural vegetation, or an area for enhancement with vegetation native
to the Critical Area, managed to protect shorelines, streams, wetlands,
and riparian biological communities from adverse effects of land use.
Functions of the Buffer include:

For all properties within the Resource Conservation Zone that
are subject to an application for subdivision or site development
plan approval that does not involve growth allocation, the Buffer
is at least 200 feet landward of:

Where site features include slopes contiguous to the Buffer
of 15% or greater as measured over a horizontal interval of 10 feet,
the Buffer shall be expanded four feet for every 1% of steep slope,
or to the top of the slope, whichever is greater in extent.

If the Buffer is contiguous to a highly erodible soil on a slope
of less than 15% or a hydric soil and is located on a lot or parcel
created before January 1, 2010, development may occur within the expanded
Buffer if:

Upon initial expansion of the Buffer, as required by the above
criteria, should the new location of the Buffer be contiguous to additional
sensitive areas, further expansion shall be required per the provisions
of this chapter.

When lands are subject to proposals for development, subdivision,
or conversion to new uses, the location of the Buffer shall be delineated
at the time of approval of a development activity through field verification.
The approved delineation of the Buffer shall remain valid for a period
of three years. Any application for development beyond the three-year
period shall warrant a review by the Planning Division to determine
whether development is being actively pursued. It shall be the responsibility
of the applicant to demonstrate to the Planning Division in writing
that the development activity is being actively pursued. Should the
Planning Division determine that the development activity is not actively
being pursued, the Planning Division may require a reverification
of the Buffer through field inspection. Based upon the results of
the field inspection, the Buffer may need to be redelineated.

When lands that are subdivided remain in agricultural use after subdivision, implementation of the Buffer Management Plan may be delayed until the use of the lot is converted to a nonagricultural purpose, provided a Buffer Management Plan is prepared in accordance with Subsection E.

New land uses and development activities permitted in the underlying
base zones, including clearing of natural vegetation, erection of
structures, construction of new roads, parking areas, or other impervious
surfaces or lot coverage, and, on new lots, the placement of private
sewage disposal systems, shall be prohibited within the Critical Area
Buffer, except for the following:

Where community or individual slips or piers, are proposed in
conjunction with new development approved after the date of the Charles
County Critical Area Program adoption, the number of slips and piers
shall be the lesser of Subsection C(1)(a)[2][a] or [b] below.

The Planning Commission has the authority to determine
whether a new subdivision should be permitted to utilize community
piers or individual piers. Individual piers are not allowed if the
Planning Commission finds that individual piers would result in detrimental
impact to:

The Planning Commission may also consider whether
the exceptional narrowness, shallowness, or shape of specific parcels
of property, or by reason of exceptional topographical conditions
or other extraordinary situations or conditions of specific parcels
or property, precludes development of a community pier as not reasonably
feasible or practicable.

When a development within the LDZ or RCZ proposes
to use individual piers, the Planning Commission will be presented
with a report detailing the applicant's proposal for individual piers.
This report may include staff review and/or analysis from other appropriate
agencies, such as the Critical Area Commission, Maryland Department
of the Environment, or the Department of Natural Resources.

A note shall be included on the preliminary plan
and/or final plat to indicate whether individual piers or a community
pier(s) was approved for the subdivision. The note shall also specify
the number of individual piers or community piers approved.

New industrial or port-related facilities, and the expansion,
redevelopment or replacement of industrial or port-related facilities,
where permitted in the IDZ and where designated as a Buffer Modification
Area.

New commercial marinas and other related commercial maritime
facilities where permitted in the LDZ and the IDZ, and expansion of
existing commercial marinas and other related commercial maritime
facilities in the RCZ, provided that non-water-dependent uses and
activities are not located in the Buffer, and provided sufficient
demonstration that any expansion will result in an overall net improvement
in water quality at or leaving the site of the marina. While proposed
water-dependent uses shall be reviewed on a case-by-case basis by
the Planning Division, Figure VIII-1 generally distinguishes those
water-dependent facilities which may be permitted in the Critical
Area, within and exterior to the Buffer, subject to the standards
of the underlying base zone.

Figure VIII-1

Buffer/Non-Buffer Water-Dependent and Associated Service
Facilities

Buffer

Outside Buffer

Industrial and Port-Related Water-Dependent Facilities

Docks, piers and access roads

Processing facilities

Freight staging areas

Warehouses

Rail lines

Parking

Dry docks

Repair shops

Fueling areas

Administrative and maintenance offices

Public access areas

Commercial Marinas and Other Related Commercial Maritime
Facilities

Docks, piers, launch ramps, access roads and paths

Dry storage facilities

Loading/Unloading areas

Boat repair yards

Railways associated with nonautomated boat repair

Boat sales

Fueling areas

Boater retail sales

Fresh water and ice

Other retail

Phone and electric hookups

Motels/Hotels

Sewage pumpout, dockside toilets/lockers

Parking

Related recreation uses (pools, tennis courts)

Wet dock shop facilities

Marina office

Waterfront restaurant

Community Piers and Other Related Noncommercial Docking/Storage
Facilities

Docks, piers, launch ramps, access roads and paths

Lockers

Loading/Unloading areas

Rest rooms

Parking

Storage areas

Public Beaches/Other Public Water-Oriented Recreation
and Education Areas

Lifeguard stations

Showers

Nature study/passive recreation facilities with no structure
or impervious surface

Lockers (non-marina use)

Docks, piers, launch ramps, access roads and paths

Rest rooms

Loading and unloading areas

Parking

Fueling areas

Storage areas

Fresh water and ice

Service facilities for education and passive recreation areas

Phone and electric hookups

Marina office

Sewage pumpout, dockside toilets/lockers

Research Areas

Research facilities operated by local, state or federal agencies
or education institutions

Minor grading and filling of existing yard for the purpose of
maintaining or restoring the lawn to a usable condition is permitted
on residential, recreational, commercial, and industrial properties,
provided that:

Should the project, when considered as a whole, require disturbance
of 5,000 square feet or more, or 100 or more cubic yards of fill,
a grading permit will be required for the project. Multiple zoning
permits may not be used as a mechanism to avoid the grading permit
requirement.

Nonstructural methods shall be utilized unless the property
lies within an area designated by the Department of the Environment
as appropriate for structural shore erosion control measures or the
property owner can demonstrate to the satisfaction of the Department
of the Environment that non-structure measures are not feasible.

Erosion control measures above mean high water are permitted
with an approved Buffer Management Plan and zoning permit. Each application
to the County shall comply with the requirements in Appendices A and
N of this chapter.[2]

Involves the installation or placement of a small-scale
renewable energy system that is permitted as a secondary or accessory
use on a pier that is authorized under Title 16 of the Environment
Article of the Annotated Code of Maryland; and

The setbacks of the wind energy system from the
nearest property line and from the channelward edge of the pier to
which that system is attached are at least 1.5 times the total height
of the system from its base to the blade extended at its highest point.

A twenty-five-foot vegetated filter strip measured landward
from the mean high water line of tidal waters or tributary streams
(excluding drainage ditches), or from the edge of tidal wetlands,
whichever is further inland, is established, and further provided
that:

The filter strip shall be composed of either trees with a dense
ground cover, or a thick sod of grass, and shall be so managed as
to provide water quality benefits and habitat protection consistent
with the Charles County Critical Area Program; noxious weeds, including
Johnson grass, Canada thistle, and multiflora rose, which occur in
the filter strip, may be controlled by authorized means;

The twenty-five-foot vegetated filter strip shall be maintained
until such time as the landowner is implementing a program of best
management practices for the specific purposes of improving water
quality and protecting plant and wildlife habitat; and provided that
the portion of the soil conservation and water quality plan being
implemented achieves the water quality and habitat protection objectives
of the twenty-five-foot vegetated filter strip;

The feeding or watering of livestock may not be permitted within
50 feet of the mean high water line of tidal water and the edge of
the bank of tributary streams or from the landward edge of tidal wetlands
within the critical area, whichever is further inland; and

When agricultural use of lands within the Buffer ceases and
the lands are proposed to be converted to other uses, the Buffer shall
be established. In establishing the buffer, management measures shall
be undertaken to provide forest vegetation that assures the Buffer
functions set forth in this section of the chapter.

Commercial harvesting of trees is permitted, under a timber
harvest plan approved by the Department of Natural Resources and the
District Forestry Board. Harvesting is permitted to within 50 feet
of the edge of the intermittent streams, and to within 50 feet of
the mean high water line or tidal wetlands when harvesting involves
clear cutting of loblolly pine and tulip poplar or selective cutting
of other species. Cutting shall not occur in any Habitat Protection
Areas, but may be permitted in the Buffer in accordance with these
provisions.

These mitigation and planting standards are applicable to a
development or redevelopment activity that occurs on a lot or parcel
that includes a Buffer to tidal waters, tidal wetlands, or a tributary
stream, when the development or redevelopment activity is located
inside of the Buffer.

A Buffer Management Plan in accordance with Subsection E shall be sufficient to satisfy the planting and mitigation standards of this section as well as establishment requirements in Subsection B so as to:

In the case of a mitigation or establishment requirement that is at least 5,000 square feet, long-term survivability, two years of monitoring and the implementation of a reinforcement planting plan should survival rates fall below those required by Subsection D.

Unless otherwise required by this chapter, a Buffer Management
Plan is not required for the maintenance of an existing grass lawn,
such as mowing or raking of leaves, or an existing garden in the Buffer.

If cutting a tree in the Buffer is immediately necessary because
of an emergency situation, the applicant shall submit a simplified
Buffer Management Plan for approval at the earliest possible time
after the tree has been cut.

A maintenance plan for the control of invasive species, pests,
and predation that shows invasive species and pest control practices,
the provision of at least two years of monitoring, and a reinforcement
planting provision if survival rates fall below the standards of this
article;

A maintenance plan for the control of invasive species, pests,
and predation that shows invasive species and pest control practices,
the provision of at least two years of monitoring, and a reinforcement
planting provision if survival rates fall below the standards required
by this article;

A long-term protection plan that includes evidence of financial
assurance that adequately covers the planting and survivability requirement,
a provision for at least two years of monitoring as required by this
article and, if planting, an anticipated planting date before construction
or the sale of the lot;

Specifies that release of the financial assurance
may not occur until the natural regeneration area, through natural
growth and, if necessary, implementation of the supplemental planting
plan, contains at least 300 live trees on a per-acre basis that are
at least four feet tall.

Five years after the date of approval of a buffer
management plan that includes natural regeneration, the party responsible
for the development or redevelopment activity and the survival of
the planting associated with that activity shall submit to the County
a report for the natural regeneration area that contains:

Extend the term of the natural regeneration and
financial assurance to allow for up to five additional years of growth,
if the report and inspection indicate viable progress toward natural
regeneration; or

At any time during the course of performance of
a Buffer Management Plan, if the County determines that natural regeneration
is not likely in the time anticipated in the Buffer Management Plan
and that the party responsible is no longer available to complete
performance of the Buffer Management Plan, the County may apply the
financial assurance to implement the supplemental planting plan.

Shore erosion control measures, provided that such measures
are consistent with the County's shore erosion protection policies,
and provided that the measure has obtained all applicable County,
state, and federal permits.

Limited cutting or clearing of trees for the following purposes
only, provided that clearing is limited to the minimum amount necessary
to complete the proposed project and is subject to a simplified Buffer
Management Plan, as defined in this article, and approved by the Planning
Division:

Development and redevelopment rules. For all new development
and redevelopment activities, applicants must demonstrate that the
distance between the new development and the mean high water line
has been maximized. New development or redevelopment shall not be
located less than 25 feet from the line of mean high water or the
edge of tidal wetlands. The following rules also apply:

Existing structures. The expansion or redevelopment of existing structures in the Buffer Modification Area may not occur closer to open water or wetlands than the existing principal structure or the setback line as defined by the location of principal structures on adjacent lots, measured as described below in Subsection F(3)(c), whichever is closer to the water. The location of the setback line shall generally run parallel to the line of mean high water.

Removal of existing structures. When a structure within the Buffer Modification Area is removed or destroyed, it should be replaced, insofar as possible, outside of the Critical Area Buffer. Where this is not possible and in such cases where a setback line exists as defined by the existing principal structure or principal structures on adjacent lots or parcels, the structure may not be replaced closer to open water or wetlands than that line. Any lot coverage created greater in extent to preexisting lot coverage within the Buffer Modification Area shall be offset as described in Subsection F(4) below.

New single-family detached residential development. New development
in the Buffer Modification Area shall minimize the extent to which
lot coverage extends toward open water or wetlands insofar as possible,
taking into consideration existing County yard setback requirements
of the underlying zones and other such factors. In no case may such
lot coverage be extended closer to open water or wetlands than any
setback line as defined by principal structures on adjacent lots or
parcels or the setback of underlying zones required in this chapter,
nor shall any new single-family residential development or redevelopment
be located less than 25 feet from the line of mean high water or the
edge of tidal wetlands. Accessory structures, septic systems, and
other development activities shall not be used to determine a setback
line in the Buffer Modification Area. The setback distance shall be
measured from the building corner nearest to the water, to the line
of mean high water or the limit of tidal wetlands or the edge of a
tributary stream.

Accessory structures. Construction of new accessory structures
or expansion of existing accessory structures may be permitted closer
to the water than the principal structure under an approved Buffer
Management Plan, provided that:

New multifamily residential, institutional, commercial and industrial
development and redevelopment shall not be closer than 50 feet to
the line of mean high water or the minimum standard rear yard setback,
whichever is greater.

The setback requirements of the underlying base zone shall be
satisfied, or variance from the setback requirements shall be approved,
before requests for additional intrusion into the Buffer are considered.

BMA designation shall not be used as a criterion to facilitate
approval of the filling of tidal wetlands that are contiguous to the
Buffer, for the purpose of creating additional buildable land for
new development or redevelopment.

Natural forest vegetation covering an area twice the extent of the lot coverage created in the Buffer shall be planted on the site and within the buffer to the maximum extent practicable. If the Buffer is of an existing fully forested/vegetated condition, other locations on site may be considered. If locations on site are inadequate or unavailable, plantings may occur off site in accordance with § 297-132E(4).

When site constraints prevent full compliance with the above-described
planting requirement, alternative offsets may include the removal
and replacement, with natural forest vegetation, of existing lot coverage
area in the Buffer, of no less an area than the newly created lot
coverage; the construction of best management practices for stormwater;
wetland creation or restoration; or other measures that improve water
quality and habitat.

The Swan Point Development is subject to the Swan Point Alternative for Buffer Modification Areas. The Swan Point Alternative guides development activities within the Buffer Modification Areas of Swan Point, and can be found in Appendix L of the Charles County Zoning Ordinance.[3]

Construction staking. The outer edge of the Critical Area Buffer
shall be field-staked, clearly delineated with flagging as the limit
of clearing and grading, and inspected by the Planning Division prior
to the commencement of clearing and grading activities that occur
within 50 feet of the Critical Area Buffer. The limits of permitted
clearing and grading within the Critical Area Buffer shall likewise
be field-staked and clearly delineated. Once construction is complete,
the Critical Area Buffer shall be inspected by the Planning Division
to ensure that no disturbance has occurred within the Critical Area
Buffer.

Signage. Permanent signage shall be required for those portions
of the Critical Area Buffer which are owned by a homeowners' association
under an approved Buffer Management Plan and within 50 feet of a residential
or nonresidential lot.

Limited Development Zone (LDZ). The density of development and
minimum lot sizes permitted within a Limited Development Zone shall
be governed by prescriptive densities within the applicable underlying
base zoning districts. However, in underlying base zones that permit
residential use, density may not exceed four units per acre.

Resource Conservation Zone (RCZ). Residential densities in the Resource Conservation Zone shall be limited to no more than one dwelling unit per 20 acres, except as provided for in §§ 297-130 and 297-134 and below under Subsection A(5).

Determining density. Maximum density shall be based on the areal
portion of the parcel located within the Critical Area limits, excluding
tidal wetlands, not to exceed one dwelling unit per 20 acres in the
RCZ. In the RCZ, private wetlands, those wetlands located above the
elevation of mean high water, may be included in the density calculation,
provided the actual development density specific to the upland portion
of the site does not exceed one dwelling unit per eight acres.

Within the RCZ, one additional dwelling unit per lot or parcel
shall be considered as part of the primary dwelling unit for the purpose
of the density calculation under this subsection, if the additional
dwelling unit meets either of the following sets of conditions:

Is located within the primary dwelling unit or its entire perimeter
is within 100 feet of the primary dwelling unit; does not exceed 900
square feet in total enclosed area; and is served by the same sewage
disposal system as the primary dwelling unit; or

Is located within the primary dwelling unit; by its construction
does not increase the amount of lot coverage already attributed to
the primary dwelling unit; and is served by the same sewage disposal
system as the primary dwelling unit.

The provisions of this section apply to density calculations
only and may not be construed to authorize the County to grant a variance,
unless the variance is granted in accordance with the requirements
and standards in this ordinance for variances in the Critical Area.

The County shall maintain records of all building permits issued
under this section for additional dwelling units considered part of
a primary dwelling unit and shall provide this information on a quarterly
basis to the Critical Area Commission.

Intrafamily transfers. The one-unit-per-twenty-acre density limitation shall not prevent a bona fide intrafamily transfer to members of the owner's immediate family (as defined in § 297-128), subject to the following limitations:

Intrafamily transfers will be permitted on parcels of land in
the Critical Area Zone where it is shown that the parcel was recorded
on or before March 1, 1986, and where the portion of such parcel in
the Critical Area is at least seven acres and not more than 60 acres
in size.

Lots created pursuant to these provisions shall not be created
for purposes of ultimate commercial sale. A lot created pursuant to
these provisions may not be subsequently conveyed to any person except
as provided herein:

Any lot created under this subsection may not be transferred
or sold to a third party who is not a member of the owner's immediate
family or holder of a mortgage or deed of trust on the property, unless
and until the Planning Commission has determined that the following
conditions apply:

A change in circumstances has occurred since the original transfer,
which would warrant permitting a subsequent transfer, when such circumstances
are consistent with the warrants and exceptions contained herein.
A change in circumstances may include situations where the intrafamily
transfer recipient has not resided in the County for the past five
consecutive years and signs an affidavits verifying his or her intent
not to reside in Charles County or demonstrates significant financial
hardship; or

Deeds of transfer shall include a covenant stating that the lot is subject to the provisions of this subsection. These covenants shall restrict the subsequent transfer or sale of a lot or lots created pursuant to the intrafamily transfer provisions contained herein to a third party who is not a member of the owner's immediate family or a holder of a mortgage or deed of trust on the property, except as provided in Subsection B(5) above.

For those parcels which lie partially within and partially outside
of the Critical Area Zones, clustering of development shall be permitted
within the portion outside of the Critical Area Zones, provided that
the following conditions are met:

The resulting density of the clustered area outside the Critical
Area shall not exceed twice the density allowed by the underlying
zone, and the resulting density on the entire parcel shall not exceed
the base density allowed by the underlying zone.

For computing the number of units which may be transferred outside
the Critical Area, the net acreage will be equal to the total acreage
of the parcel within the Critical Area minus the total acreage of
tidal wetlands on the parcel. Transferable density shall be determined
by the underlying base zone. For every lot created in the Resource
Conservation Zone, 20 acres must be subtracted from the overall acreage
used to calculate the amount of transferable units.

Except as provided below, permitted uses, accessory uses and
special exception uses in the Critical Area Zone shall be limited
to those permitted within the existing applicable underlying base
zone, as shown on the Official Charles County Zoning Maps.

Existing industrial and commercial facilities, including those directly supporting agriculture, forestry and aquaculture, shall be allowed in the RCZ. Additional land may not be used in the RCZ for industrial or commercial development, except as provided in Figure IX-2. All other uses permissible in the underlying base zone shall require a growth allocation, as established in § 297-134.

Figure IX-2

Uses Permissible in the RCZ

[Amended 6-19-2012 by Bill No. 2011-12]

Uses Permitted Without Additional Requirements Specific
to the RCZ

Commercial assembly/repair of agricultural equipment (accessory
to a farm)

Grain dryers and related structures (accessory to a farm)

Hunting and fishing cabins

Greenhouses (no on-premises sales)

Commercial kennels (minimum five acres required)

Tenant houses

Primary residences with accessory apartment (restricted to one
dwelling unit per 20 acres)

The following uses are prohibited in the Critical Area Zone,
except in the Intense Development Zone, due to their high potential
for adverse impact on plant and wildlife habitats and water quality,
only after it has been demonstrated that the activity will create
a net improvement in water quality to the adjacent body of water.

Transportation facilities and utility transmission facilities,
except those necessary to serve permitted uses or where regional or
interstate facilities must cross tidal waters (utility transmission
facilities do not include power plants).

New sludge handling, storage, and disposal facilities, other
than those associated with wastewater treatment facilities; however,
agricultural or horticultural use of sludge under appropriate approvals
when applied by an approved method at approved application rates may
be permitted. Charles County reserves the right to regulate the application
of sludge, exterior to the Buffer in the Critical Area, and sludge
application in the Buffer is prohibited.

Sand and gravel operations, as defined in § 297-128 of this article, may be permitted as Special Exceptions in the Critical Area Zone if they are permissible by Special Exception in the underlying base zone, they comply with all other applicable sections of this chapter, and if the following requirements are met:

Proposed surface mining operations, and expansions thereof,
in the Critical Area Zone must assure that all available measures
will be implemented to protect the Critical Area from sources of pollution,
including, but not limited to, sedimentation, siltation, chemical
and petrochemical use and spillage; and storage and/or disposal of
water, dusts, and spoils.

Areas where the use of renewable resource lands would result
in the substantial loss of long-range (that is, 25 years or more)
productivity of forest and agriculture or would result in a degrading
of water quality or a loss of vital habitat; or

Upon the expiration and as a condition of renewal of the special
exception permit for any existing sand and gravel operations within
the Critical Area, the County will review the activity to assure that:

To the fullest extent possible, extraction activities are separated
by a minimum one-hundred-foot buffer of natural vegetation from the
mean high water line of tidal waters or the edges of streams and tidal
wetlands, whichever is farther inland.

The
Planning Director may make reasonable accommodations to avoid discrimination
on the basis of a physical disability and allow improvements to property
that would not otherwise be permitted. Reasonable accommodations for
the needs of disabled citizens may be permitted in accordance with
the evidentiary requirements set forth in the following subsections:

A reasonable accommodation would reduce or eliminate the discriminatory
effect of the provisions of this article, or restore the disabled
resident's or user's reasonable use or enjoyment of the
property.

The Planning Director may require, as a condition of approval,
that, upon termination of the need for the accommodation, the property
be restored to comply with all applicable provisions of this chapter.
The Planning Director may require the posting of an appropriate bonds
in order to ensure the County's ability to restore the property
should the applicant fail to do so. The County is not precluded from
placing a lien on the property to ensure the County's ability
to restore the property should the applicant fail to do so.

Agricultural activities outside of the buffer, including the
clearing of new agricultural lands, are permitted under a soil conservation
and water quality plan, approved by the Soil Conservation District,
provided that:

A program of best management practices be implemented for the
specific purposes of improving water quality and protecting plant
and wildlife habitat by controlling the nutrient, animal waste, pesticide
and sediment runoff generated by the agricultural activity;

Woodland reforestation and afforestation standards outside of the
Critical Area Buffer. Where reforestation or afforestation is required
for development outside of the critical area buffer, a reforestation
and/or afforestation plan shall be prepared in accordance with the
Charles County Forest Conservation Ordinance.[1] The following conditions also apply:

Planting plans, bonds and inspections. Required planting plans
shall be prepared and submitted with the site plan, preliminary plan
or final subdivision plat. A planting plan shall be included as a
required public improvement with site plans or subdivisions plats.
The planting plan must demonstrate compliance with the minimum standards
for reforestation and afforestation in the Charles County Forest Conservation
Ordinance. The plans must also show:

The site plan, building outlines (existing and proposed), walls,
fences, parking spaces, loading spaces, driveways, walks, storage
areas, public rights-of-way, easements and the general location of
structures and uses of abutting properties;

Tree or shrub species for afforestation or reforestation shall
be Maryland natives, approved by the Planning Division for suitability.
Areas planted to satisfy mitigation or offsetting requirements shall
be designed to mimic the structure and species composition of the
natural forest vegetation disturbed.

All planting should be completed between the month of November
and the month of May. For the first two years, steps should be taken
to control competing vegetation. Technical assistance from the Maryland
Department of Natural Resources or by the Charles County Forester
is highly recommended.

The planting plan shall be accompanied by an estimate of the
cost for all materials, labor and maintenance. Upon approval of the
plan and the cost estimate, the applicant or owner shall enter into
an agreement with the County to provide and maintain plantings as
may be required. The Planning Division may require that a performance
bond or other approved surety executed by the applicant or owner be
provided for planting plans with estimated costs in excess of $5,000,
in accordance with the standards set forth in the Charles County Forest
Conservation Ordinance. In addition:

Where existing vegetation is to be used to meet the requirements
contained herein, the surety requirement may be modified appropriately.
However, to the extent that existing vegetation is or will be inadequate
to meet the standards set herein, a planting plan meeting all of the
requirements herein must be submitted.

The replacement forest area should be located on the affected
property or within the Critical Area whenever possible. Replacement
areas shall also comply with the priorities for determining reforestation
and afforestation areas set forth in the Charles County Forest Conservation
Ordinance.[2] Replacement forest areas may be established in the following
approved areas, in order of priority:

Planting or natural regeneration on existing agricultural land
within the critical area, outside of the Critical Area Buffer, approved
by the County to create or enhance a forest environment with a permanent
protective easement recorded.

Retention of existing forest on historically used crop lands,
as identified by aerial photos taken no earlier than 1970, and/or
soil conservation plan records. Retention shall be at two times the
required mitigation and recorded under a permanent conservation easement.

Mitigation provided in the form of any of the above methods
shall be approved by the Planning Division and in place prior to approval
of the associated development activity.

Applicants who cannot comply with the mitigation requirements
of this chapter either on-site or through off-site methods available
must pay into a fee-in-lieu program. Any fees-in-lieu collected shall
be placed in an account that will assure use of such fees only for
projects within the critical area for the benefit of wildlife habitat,
water quality improvement, critical area environmental education,
or acquiring perpetual land preservation easements. Fees-in-lieu,
as determined by the Charles County Commissioners and adopted annually,
shall be assessed per square foot of mitigation remaining outstanding.

Development standards in the Intense Development Zone (IDZ). All
development and redevelopment in the IDZ shall be subject to the following
development standards and/or conditions, in addition to those established
elsewhere in this chapter:

Development and redevelopment shall be designed to conserve and enhance fish, wildlife, and plant habitats to the extent possible, subject to a habitat protection program and requirements of § 297-137.

Roads, bridges or utilities are prohibited in a habitat protection
area unless no feasible alternative exists. Roads, bridges and utilities
that must cross a habitat protection area shall be located, designed,
constructed and maintained so as to provide maximum erosion protection
and minimize negative impacts to wildlife, aquatic life and their
habitats, and maintain hydrologic processes and water quality.

A development activity may not be located in a manner that will
cross or affect a tributary stream unless no feasible alternative
exists. All development activities which cross or affect tributary
streams in the critical area shall:

Development and redevelopment shall be designed to minimize
the adverse water quality and quantity impact of stormwater and encourage
the use of retrofitting measures to address existing stormwater management
problems. Additionally, a development proposal shall be required to
use stormwater management practices appropriate to site development
which achieve a ten-percent reduction of predevelopment pollutant
loadings. Applicants must comply with the most current ten-percent
reduction guidance documents published by the Chesapeake Bay Critical
Area Commission.

All nontidal wetlands shall be protected according to state
regulations, except where they are adjacent to tidal waters, tidal
wetlands, and/or a tributary stream, in which case they shall also
be buffered according to County standards.

Where the underlying zone permits cluster development, new residential
subdivisions, as a means to reduce lot coverage and to maximize areas
of natural vegetation, shall be required to use cluster development
to the extent feasible.

Proposed development and redevelopment activities shall include
measures for stabilizing significantly eroding shoreline reaches on
the proposed development site. Nonstructural shoreline erosion control
measures shall be used unless it can be demonstrated that such measures
would be impractical or ineffective.

Development standards in Limited Development Zone (LDZ) and Resource
Conservation Zone (RCZ). All development and redevelopment in the
LDZ and the RCZ shall be subject to the following development standards
and/or conditions, in addition to those established elsewhere in this
chapter:

Roads, bridges or utilities are prohibited in a Habitat Protection
Area unless no feasible alternative exists. Roads, bridges and utilities
that must cross a Habitat Protection Area shall be located, designed,
constructed and maintained so as to provide maximum erosion protection
and minimize negative impacts to wildlife, aquatic life and their
habitats, and maintain hydrologic processes and water quality. Roads,
bridges or utilities may not be located in any Habitat Protection
Area unless no feasible alternative exists.

A development activity may not be located in a manner that will
cross or affect a tributary stream unless no feasible alternative
exists. All development activities which cross or affect tributary
streams in the Critical Area shall:

Development activities shall be located and designed to provide
for the maintenance of the existing wildlife and plant habitats on
the site and to maintain continuity with those on adjacent sites.
When wildlife corridors exist or are proposed, they shall include
any existing Habitat Protection Areas and connect large forested areas
on or adjacent to the site.

If no forest is established on a proposed development site,
the site shall be planted to provide a forest or developed woodland
cover of at least 15%. The location of the afforested area should
be designed to reinforce protection to habitats on the site or to
provide connections between forested areas when they are present on
adjacent sites.

When forests or developed woodland exists on the site and proposed
development requires the cutting or clearing of trees, areas proposed
for clearing shall be identified on the proposed development plan.

The Charles County Planning Division shall review all plans
for clearing or cutting associated with proposed development activities.
Approval for proposed development activities shall require that the
proposed development activity has been reviewed and determined to
be in compliance with the Charles County Critical Area Program.

No more than 20% of the forested or developed woodland within
the site proposed for development may be removed (except as provided
for below), and the remainder shall be maintained as forest cover
through the use of appropriate legal instruments as approved by the
County;

An applicant may propose clearing up to 30% of the forest or
developed woodland on a site, but if greater than 20% of the forest
or developed woodland is removed, then the clearing shall be mitigated
at the rate of 1.5 times the entire area removed;

Clearing of more than 30% of the forest or developed woodland
on a site shall require the approval of the Charles County Board of
Appeals. Once approved, mitigation shall be required at a rate of
three times the area cleared; and

Clearing on residential lots 1/2 acre or less in size that were in
existence on or before December 1, 1985, may exceed 30% of the existing
forest or developed woodland, provided that it is limited to the minimum
amount necessary to accommodate a principal structure, including decks,
patios, and accessory structures, and does not exceed 8,000 square
feet. Mitigation shall be required at a ratio of 1:1.

Limited cutting or clearing of trees and shrubs is allowable
for the following non-development-related purposes only, provided
that clearing is limited to the minimum amount necessary to complete
the proposed project and is subject to approval by the Planning Division
under a County tree removal authorization (for under 1,000 square
feet of disturbance), a zoning permit, and/or grading permit:

The forests and developed woodland required to be retained or created through afforestation or reforestation efforts off-site, in accordance with Subsection E, shall be maintained through restrictive covenants, easements or similar instruments in a form approved by the County.

Applicants who cannot comply with reforestation or afforestation
requirements above may pay into a fee-in-lieu program. Any fees-in-lieu
collected shall be placed into an account that will assure use of
the fees only for projects within the Critical Area for the benefit
of wildlife habitat, water quality improvement or environmental education.
Fees-in-lieu, as determined by the Charles County Commissioners and
adopted annually, shall be assessed per square foot for each square
foot of reforestation or afforestation required that cannot be satisfied
on site or at an approved off-site location.

If the cutting of forests and/or developed woodland occurs before a required grading permit, zoning permit or tree removal authorization has been obtained, the forest and/or developed woodland is required to be replanted according to § 297-135.

Commercial harvesting of trees is permitted, under a Timber
Harvest Plan approved by the Maryland Department of Natural Resources
(DNR), provided that cutting or clearing within Habitat Protection
Areas conserves wildlife and habitat, under a Habitat Management Plan
approved by the Wildlife and Heritage Division of DNR. Harvesting
within the Critical Area Buffer is additionally subject to a Buffer
Management Plan approved by the Charles County Department of Planning
and Growth Management, Planning Division.

The Charles County Planning Division may allow a property owner to exceed the lot coverage limits provided above in Subsection G(8)(b) through (d) of this section, if the following conditions exist and if the following actions are taken:

For a lot or parcel 1/2 acre or less in size, lot coverage does not exceed lot coverage limits in applicable Subsection G(8)(a) through (d) of this section by more than 25% or 500 square feet, whichever is greater;

For a lot or parcel greater than 1/2 acre and less than one acre in size, total lot coverage does not exceed lot coverage limits in applicable Subsection G(8)(a) through (d) of this section or 5,445 square feet, whichever is greater;

Water quality impacts associated with runoff from the new development
activities that contribute to lot coverage can be and have been minimized
through site design considerations or use of best management practices
approved by the local jurisdiction to improve water quality. Minimization
shall be demonstrated through engineered calculations or other methods
approved by the County;

The property owner performs on-site mitigation with natural
forest vegetation covering an area twice the extent of the new lot
coverage to offset potential adverse water quality impacts from the
new development activities that contribute to lot coverage, or, if
on-site mitigation or approved off-site mitigation is not feasible,
the property owner pays a fee-in-lieu to the County at the rate determined
by the Charles County Commissioners and adopted annually for each
square foot of mitigation that cannot be met on-site or at an approved
off-site location; and

When a portion of a lot or parcel is located within the Limited Development
Zone or Resource Conservation Zone, lot coverage shall be limited
to 15% of that portion of the lot or parcel that is designated LDZ
and 15% of that portion that is designated as RCZ.

Where the underlying zone permits cluster development, new residential
subdivisions, as a means to reduce lot coverage and to maximize areas
of natural vegetation, shall be required to use cluster development
to the extent feasible.

Proposed development and redevelopment activities shall include
measures for stabilizing significantly eroding shoreline reaches on
the proposed development site or otherwise protecting property as
established in the Charles County Critical Area Program. Nonstructural
shoreline erosion control measures shall be used unless it can be
conclusively demonstrated that such measures would be impractical
or ineffective.

If it is determined that the proposed development activity has the potential to negatively affect the function of a Habitat Protection Area, the applicant will be required to develop a Habitat Protection Plan as specified in § 297-136 of this chapter.

Should changes be made to the drawing/plan that the critical
area planner deems are relevant to critical area review, the critical
area planner shall determine if a new review is needed and provide
any resultant copies to the Critical Area Commission for its file.
Should the critical area planner determine that changes made are considered
inconsequential to critical area review, the prior approval or denial
shall remain valid.

Upon final approval or denial of a site plan or subdivision
by the Department of Planning and Growth Management, the critical
area planner shall provide a copy of the approval or denial letter
issued by the County to the Critical Area Commission for its file.

All development activities proposed in the Critical Area require the submission of a site plan and the Charles County Critical Area form for County approval. The site plan requirements found in Appendix A of this chapter shall be made part of this article for purposes of development review.[1] The Planning Director or designee may accept a site plan that does not meet all of the requirements of Appendix A should it be determined by the Planning Director that the information in question is not essential to the review of the development activity.

Purpose and intent. Growth allocation is the system by which Critical Area overlay zones are redesignated to allow for denser development. Growth allocation may be used in existing limited development zones or in resource conservation zones. The purpose of the growth allocation system is to designate areas within the Critical Area where the County Commissioners may approve a change in the current Critical Area overlay zone on specific sites and for specific development projects. Only specific development projects, site plans, preliminary subdivisions or planned development zones regulated under Article VII of this chapter may be considered by the County Commissioners for a growth allocation award. The County Commissioners must approve growth allocation prior to general approval of the development projects with which they are associated, although review may occur simultaneously with the growth allocation application. Growth allocation approval may be contingent upon other local, state and federal approvals.

Location criteria. The granting of growth allocation shall be consistent
with the Charles County Critical Area Program. When approving the
Growth Allocation Zone, the County Commissioners shall use the following
standards to determine if the location of the proposed Critical Area
Zone under the GA Zone classification is consistent with the Charles
County Critical Area Program:

Locate a new IDZ or an LDZ in an RCZ at least 300 feet beyond
the landward edge of tidal wetlands or tidal waters unless the local
jurisdiction proposes, and the Commission approves, alternative measures
for enhancement of water quality and habitat that provide greater
benefits to the resources.

New IDZs or LDZs involving the use of growth allocation shall
conform to all criteria of the Commission and shall be designated
on the comprehensive Zoning Map submitted as part of an application
to the Commission for program approval or at a later date in compliance
with Natural Resources Article § 8-1809(g), Annotated Code
of Maryland.

If the County is unable to utilize a portion of the growth allocated
to the County within or adjacent to existing IDZs or LDZs as demonstrated
in the local plan approved by the Commission, then that portion of
the allocated expansion which cannot be so located may be located
in the RCZ. A developer shall be required to cluster any development
in area of expansion authorized under this standard.

The designation of development projects which use growth allocation
awards must provide adequate protection to historic and archaeological
resources listed on state or local surveys or properties on or eligible
for the National Register of Historic Places;

When growth allocation is permitted in an RCZ not adjacent to
an IDZ or LDZ, the applicant will be required to cluster the development
and provide for resource enhancement in the design of such development;

Basis for determining maximum permitted density. Maximum permitted
densities will be computed based on the total site area less the area
occupied by tidal wetlands. The maximum density that will be permitted
using growth allocation awards shall be limited as follows, depending
on which is the more restrictive:

The total number of approved individual septic systems or total
number of units approved for community facilities by the Charles County
Health Department, Maryland Department of the Environment, or the
Charles County Department of Planning and Growth Management; or

The design of the development enhances the water quality and
resource and habitat values of the area, e.g., results in additional
planting of forest cover in the Buffer and implementation of Best
Management Practices on portions of the site to be retained in agriculture
use.

The total Critical Area portion of the parcel or set of parcels
not in tidal wetlands, less Buffers, that are 300 feet or greater
shall be subtracted from the County's total growth allocation
set forth in the Charles County Critical Area Program for approved
Growth Allocation Zones.

Only one development envelope shall be established per parcel
or set of parcels, unless it can be demonstrated that multiple development
envelopes will better promote environmental and other conservation
considerations of the Charles County Critical Area Program. The use
of multiple development envelopes shall be allowed only if such a
practice is consistent with Critical Area Commission policy or regulations.

If a development envelope is proposed in the RCZ and less than
20 acres remain outside the development envelope, or the original
parcel in the RCZ is less than 20 acres, then the entire parcel must
be deducted.

If there is a permanently protected RCZ which is contiguous
to acreage outside the development envelope resulting in a minimum
of 20 acres in the RCZ, then the entire parcel does not have to be
deducted.

Procedures. The County's growth allocation acreage will be awarded
on a project-by-project basis to permit changes in the Critical Area
boundaries that are consistent with the Charles County Critical Area
Program, Charles County Comprehensive Plan and the base zoning when
a specific development project is proposed. The following procedures
will be followed in determining if a site qualifies for the application
of growth allocation:

At the request of the applicant, the Department of Planning
and Growth Management will review concept, sketch or comprehensive
development plans submitted for consistency with the Critical Area
Program and will provide general comments and recommendations to the
applicant prior to submission of preliminary site plans or plats or
applications for a Planned Development Zone.

All applications for the Growth Allocation Zone shall be accompanied
by a preliminary site plan or preliminary subdivision plan or application
for a Planned Development Zone prepared as per the requirements of
this chapter and/or the County's Subdivision Regulations.[2]

Upon receipt of a complete submission, the Zoning Officer will
review the application package and the request for growth allocation
and provide comments and evaluation to the applicant within 45 business
days.

After revising the growth allocation application and plan, and other supporting information based on the initial review, the applicant may resubmit the application. Once an application has been deemed complete and has been found in compliance with the Charles County Critical Area Program and applicable sections of all County ordinances, the Zoning Officer shall proceed in accordance with time frames set forth in § 297-448 of this chapter.

The Zoning Officer will review the proposed project and submit
his or her recommendations to the Planning Commission. The Planning
Commission will hold a public meeting on all submissions, which shall
include the following:

The Planning Commission will then prepare and forward its report
and recommendations on the proposed project and the report, evaluation
and recommendations of the Zoning Officer to the County Commissioners.
The applicant may amend the application based on the Planning Commission,
staff or public comments at any time, but may be subject to new review
by planning staff, the Zoning Officer and/or the Planning Commission.

Public hearing. After the Planning Commission makes its final
recommendations, the County Commissioners will hold a public hearing
on the growth allocation reclassification for the proposed development
project. The public hearing shall include:

Approval. In order to approve a growth allocation application, the County Commissioners must find that the proposed project, with its growth allocation plan, meets growth allocation design and location criteria, is sufficient to achieve the purposes of the critical area classification requested and the underlying base zone or Planned Development Zone, is compatible with the surrounding area and is consistent with the Comprehensive Plan. The approval of a growth allocation request shall establish special conditions to be satisfied during the development process, including, but not limited to, an initial phasing schedule as required by § 297-134I(3), the timing of construction, on-site and off-site improvements, buffering, environmental standards and requirements and fiscal impact limitations.

Final decision. Following the public hearing, the County Commissioners
will make the final decision whether or not to grant the reclassification,
and determine any specific conditions of approval, including approval
of an initial phasing schedule.

Upon final approval of the growth allocation and conditions
of approval by the County Commissioners and the Critical Area Commission,
the conditions of approval shall be formalized in the form of a zoning
indenture.

Prior to approving the final site plan or subdivision plat,
the Planning Commission will ensure that all conditions of approval
of growth allocation are incorporated into the final plan, performance
agreements, deed covenants, etc.

Growth allocation plan. Any application for designation as a Growth
Allocation Zone shall be accompanied by a growth allocation plan which
contains all information necessary to evaluate the proposal, including,
but not limited to, the following:

The Planning Division shall review the progress of the development
on an annual basis to determine whether or not the development is
meeting the goals and objectives of the growth allocation, the conditions
of the growth allocation and/or the most recently approved phasing
schedule. If the Planning Division determines that the development
is not meeting the goals and objectives of the growth allocation,
the conditions of the growth allocation and/or the phasing schedule
and the applicant is not making good-faith efforts to address these
elements, the Planning Division may refer the development to the Planning
Commission for its review and recommendation.

Upon referral from the Planning Division, the Planning Commission
will review the growth allocation to determine whether or not the
development is meeting the goals and objectives of the growth allocation,
the conditions of the growth allocation and/or the most recently approved
phasing schedule. If the Planning Commission finds that the development
is not meeting the goals and objectives of the growth allocation,
the conditions of the growth allocation and/or the phasing schedule
and the applicant is not making good-faith efforts to address these
elements, the Planning Commission may recommend to the County Commissioners
that appropriate action be taken, which may include a recommendation
that the growth allocation be withdrawn.

The County Commissioners will hold a public hearing upon receipt
of the recommendation from the Planning Commission. If the County
Commissioners determine that the development is not meeting the goals
and objectives of the growth allocation, the conditions of the growth
allocation and/or the most recently approved phasing schedule and
the applicant is not making good-faith efforts to address these elements,
the County Commissioners may take whatever action they deem necessary,
to include withdrawal of the growth allocation.

A development activity commenced without a required permit, approval, variance, or special exception is a violation of Natural Resources Article § 8-1808, Annotated Code of Maryland, and Article IX of the Charles County Zoning Ordinance and Critical Area Program. Violations in the Critical Area will be enforced in accordance with Article I of this chapter, except for:

Notwithstanding § 297-4A, regarding the maximum fine of $300, and in addition to any other penalty applicable under state or County law, each person who violates a provision of the Natural Resources Article, Title 8, Subtitle 18, or this chapter, including a contractor, property owner, or any other person who committed, assisted, authorized, or participated in the violation, is subject to a civil penalty not exceeding $10,000, per offense, per day.

The cost of restoration of the resource affected by the violation
and mitigation for damage to that resource, including the cost to
the County for performing, supervising, or rendering assistance to
the restoration and mitigation.

The area disturbed shall be restored and additional required remediation shall include the planting of forest vegetation native to southern Maryland and adaptable to site conditions, in accordance with § 297-132E of this article, in the amount of three times the area disturbed or four times the area disturbed if the violating disturbance is located within the Critical Area Buffer.

Planting shall take place within one calendar year of the notification of violation with the exception of Subsection D below. Failure to complete required mitigation plantings will result in a civil penalty at the rate determined by the Charles County Commissioners and adopted annually and shall be assessed per square foot of land remediation required.

For restoration or mitigation that exceeds 1,000 square feet
or involves expenses exceeding $1,000, a bond or other financial security
shall be required to be posted to ensure that the restoration or mitigation
is properly completed. If the restoration or mitigation involves planting,
the bond shall be held for at least two years after the date the plantings
were installed to ensure plant survival.

A person may appeal a notice of violation as an appeal of an administrative decision in accordance with § 297-417. Should the Board of Appeals determine that a violation has occurred, the person shall be liable for a penalty that is twice the amount of the assessment in the notice of violation. An application for a variance to legalize a violation of this chapter constitutes a waiver of the appeals process as provided in § 297-417.

Special conditions or circumstances exist that are peculiar
to the land or structure such that literal enforcement of the provisions
of this chapter would result in unwarranted hardship to the property
owner;

The granting of the administrative variance will not confer
upon the property owner any special privilege that would be denied
by this section to other owners of lands or structures within the
same zone;

The variance request is not based upon conditions or circumstances
which are the result of actions by the property owner nor does the
request arise from any condition relating to land or building use,
either permitted or nonconforming, on any neighboring property;

The granting of an administrative variance will not adversely
affect water quality or adversely impact fish, wildlife, or plant
habitat and the granting of the variance will be in harmony with the
general spirit and intent of the critical area law and the Charles
County Critical Area Program; and

Planning staff shall provide to the Critical Area Commission
a copy of the variance application at least 15 days prior to approval
or denial by the Planning Director. A copy of the written decision
regarding an administrative variance shall be provided to the Critical
Area Commission within five working days after a written decision
is issued.

Habitat protection areas. The following areas are considered habitat
protection areas. Review by the Department of Natural Resources and
a habitat protection plan may be required prior to approval of a development
activity that may impact a habitat protection area.

Additional plant and wildlife habitat areas determined by the
Charles County Commissioners to be of local significance. If additional
plant and wildlife habitat areas are designated in the future, local
public hearings, as appropriate, shall be held to consider comments
on the areas and protection measures proposed.

The applicant will obtain a review letter from the Department
of Natural Resources, Wildlife and Heritage Division, and present
that letter to the Planning Division at the earliest stage of development.
Review by the Department of Natural Resources is not required for
bald eagle protection zones.

The Planning Division, in consultation with appropriate local,
state and/or federal agencies, will review the proposed protection
measures to determine if protection measures are adequate for the
species or habitat area.

The habitat protection plan shall be incorporated into the proposed
development proposal. No preliminary subdivision plan, final plat,
site plan, infrastructure or building permit may be approved until
the habitat protection plan has been approved and incorporated into
the development proposal.